Harper v. Pinkston
Supreme Court of North Carolina
Civil actior, brought to Fall Term, 1892, of Vaxck Superior Court, by J. S. Harper against R. R. Pinkston, J. A. Bridges, W. E. Gary and W. L. Cunninggim for alleged slander of plaintiff’s wife. The complaint was as follows: “1. That plaintiff was, on the 28th day of November, A. D. 1883, legally married to his present wife, then Miss Lizzie A. Moss, and the marriage has continued until the present time.
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Civil actior, brought to Fall Term, 1892, of Vaxck Superior Court, by J. S. Harper against R. R. Pinkston, J. A. Bridges, W. E. Gary and W. L. Cunninggim for alleged slander of plaintiff’s wife. The complaint was as follows: “1. That plaintiff was, on the 28th day of November, A. D. 1883, legally married to his present wife, then Miss Lizzie A. Moss, and the marriage has continued until the present time. “ 2. That on the-day of-r, 1891, the defendants, in said county of Vance, in the presence and hearing of divers good citizens of said county, as plaintiff is informed and believes,…
1Opinion of the Court
Clark, J.:
The wife, who alone is charged to have been slandered, is not a party to the action. There being no special damage alleged as to the husband, who is the sole plaintiff, the complaint fails to state a canse of action. Newell on Defamation, 365, 1849; Odger’s Slander and Libel, 313, 346; Polkard’s Starkio on Slander, 332; The Code, §177. The words were not used in regard to the husband, and his reputation certainly has not been assailed. He must aver special damage. The action should, therefore, be dismissed on the motion made here by the defendant. Indeed, it might have been done ex…
2Cases cited1 opinion
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